DAR File No. 39522

This rule was published in the August 15, 2015, issue (Vol. 2015, No. 16) of the Utah State Bulletin.

Administrative Services, Purchasing and General Services

Rule R33-26

State Surplus Property

Notice of Proposed Rule

(Amendment)

DAR File No.: 39522
Filed: 07/20/2015 04:06:16 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to set forth policies and procedures for disposing of surplus firearms and ammunition from state agencies. This rule governs the destruction, sale, transfer, or donation of surplus firearms and ammunition.

Summary of the rule or change:

Amendments to this rule were made to comply with S.B. 122 of the 2015 General Session pertaining to the disposition of surplus firearms and ammunition.

State statutory or constitutional authorization for this rule:

  • Title 63A, Chapter 2

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or saving that are expected. The amendment to this rule simply adds the word "ammunition" and clarifies the policies and procedures detailed in Section R33-26-502 regarding the disposal of surplus ammunition and firearms from state agencies.

local governments:

There are no anticipated costs or saving that are expected. The amendment to this rule simply adds the word "ammunition" and clarifies the policies and procedures detailed in Section R33-26-502 regarding the disposal of surplus ammunition and firearms from state agencies.

small businesses:

There are no anticipated costs or saving that are expected. The amendment to this rule simply adds the word "ammunition" and clarifies the policies and procedures detailed in Section R33-26-502 regarding the disposal of surplus ammunition and firearms from state agencies.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated costs or saving that are expected. The amendment to this rule simply adds the word "ammunition" and clarifies the policies and procedures detailed in Section R33-26-502 regarding the disposal of surplus ammunition and firearms from state agencies.

Compliance costs for affected persons:

There will be no compliance costs because the amendment simply adds the word "ammunition" and clarifies the policies and procedures detailed in Section R33-26-502 regarding the disposal of surplus ammunition and firearms from state agencies.

Comments by the department head on the fiscal impact the rule may have on businesses:

There are no anticipated affects that this rule will have on businesses. The amendment to this rule simply adds the word "ammunition" and clarifies the policies and procedures detailed in Section R33-26-502 regarding the disposal of surplus ammunition and firearms from state agencies.

Kimberly Hood, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Administrative Services
Purchasing and General Services
Room 3150 STATE OFFICE BLDG
450 N STATE ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

  • Alan Bachman at the above address, by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov
  • Paul Mash at the above address, by phone at 801-538-3138, by FAX at 801-538-3882, or by Internet E-mail at pmash@utah.gov
  • Nicole Alder at the above address, by phone at 801-538-3240, by FAX at , or by Internet E-mail at nicolealder@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

09/14/2015

This rule may become effective on:

09/21/2015

Authorized by:

Kent Beers, Director

RULE TEXT

R33. Administrative Services, Purchasing and General Services.

R33-26. State Surplus Property.

R33-26-501. Surplus Firearms and Ammunition.

This subsection sets forth policies and procedures for disposing of surplus firearms and ammunition from state agencies .[and participating local agencies, as authorized in Section 63A-2-4.] This rule governs the destruction, sale, transfer, or donation of surplus firearms and ammunition.[to any agency or to the general public.]

 

R33-26-502. Procedures.

(1) All state owned firearms and ammunition shall be disposed of under the [general ]provisions of this Rule.

(a) The sale of firearms and ammunition directly to the general public by [the division]a state agency is prohibited.

(b) Hunting and sporting rifles meeting Federal Firearms regulations may be sold only to firearms dealers licensed by the Federal Bureau of Alcohol, Tobacco and Firearms.

(c) Except as provided in [this ]subsection (c), [handguns]firearms and ammunition shall be transferred to the Utah State Public Safety Crime Lab for use or destruction[to be destroyed].

(i) The owning agency may trade in a [handgun]firearm[into]toa licensed firearm dealer for credit toward the [current ]purchase of a new [handgun]firearm.

(ii) The owning agency may trade in ammunition to a licensed firearm dealer or ammunition vendor under contract with the state toward the purchase of new ammunition.

[(ii)](iii) [The division]A state agency may authorize the sale of [a handgun]firearms or ammunition to a legally constituted law enforcement agency.

[(iii)](iv) [The division]A state agency may authorize the sale of a [handgun]firearmto a POST certified individual , provided a record with the following information is maintained:[if the owning agency submits a signed request that includes:]

(A) the individual's name;

(B) the serial number of the [handgun]firearm to be sold; and

(C) the signature of an authorized agent of the owning agency.

(2) All firearms retained by [the division]a state agency shall be in accordance with Federal Firearms regulations pursuant to Sections 921(a)(19) and 922(s) of Title 18, United States Code.

(a) Written certification that surplus firearms meet federal firearms regulations shall be provided by the owning agency or a qualified armorer.

[(3) All firearms retained by the division shall be in good working condition.

(a) Written certification specifying the condition of surplus firearms shall be provided by the owning agency or a qualified armorer.

]

KEY: government purchasing, procurement rules, state surplus property, general procurement provisions

Date of Enactment or Last Substantive Amendment: [ June 10, ]2015

Authorizing, and Implemented or Interpreted Law: 63A-2

 

Additional Information

More information about a Notice of Proposed Rule is available online.

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2015/b20150815.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

Text to be deleted is struck through and surrounded by brackets ([example]). Text to be added is underlined (example).  Older browsers may not depict some or any of these attributes on the screen or when the document is printed.

For questions regarding the content or application of this rule, please contact Alan Bachman at the above address, by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov; Paul Mash at the above address, by phone at 801-538-3138, by FAX at 801-538-3882, or by Internet E-mail at pmash@utah.gov; Nicole Alder at the above address, by phone at 801-538-3240, by FAX at , or by Internet E-mail at nicolealder@utah.gov.  For questions about the rulemaking process, please contact the Division of Administrative Rules.

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